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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of the grounds for appeal (in original case: Imprisonment with prison labor for one year and six months);
2. According to the records of ex officio determination, ① the court of original judgment sent a copy of the indictment to the Defendant’s address “Seung-gu Q and R” as stated in the indictment but failed to be served; ② the court of original judgment ordered the prosecutor to change his address and corrected the address to “Seoul-gu S,” and the Defendant appeared at the sixth trial date as a new copy of the indictment and the Defendant’s writ of summons were served due to the above address; ③ the Defendant was given a summons through telephone without being served from April 24, 2019; ④ the Defendant was issued a detention warrant to the Defendant but the execution was impossible; ⑤ the Defendant was sent to the court of original judgment upon request of the Defendant for the detection of location; ⑤ the court of original judgment was sent to the Defendant by public notice on January 22, 2020; ② the Defendant had been present at the second trial date without having been present at the court of original judgment on February 11, 2020 and the Defendant had been present at the second trial date without any special provision on Q. 207.
Where it is recognized that the defendant does not reside in the address stated in the indictment at the time of prosecution, pursuant to Article 18(3) of the Enforcement Rule of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the court shall, without fail, ask the prosecutor to correct the address and order the service by public notice immediately without demanding the correction (see, e.g., Supreme Court Order 84Mo74, Jan. 16, 1985).